The Restaurant Law Center, a public policy affiliate of the National Restaurant Association, has filed suit against the Department of Labor and its Wage and Hour Division, seeking to declare unlawful the DOL’s 2012 revision to its Field Operations Handbook,
Employment Class and Collective Action Update
Employment Class and Collective Action Update, published by Jackson Lewis P.C., focuses on developments in employment-related class and collective action litigation. The blog covers topics such as wage and hour collective actions, biometric privacy claims, COVID-19-related employment lawsuits, and evolving case law affecting employer liability in class actions. It also addresses statutory interpretation issues, procedural rulings, and trends in multi-plaintiff employment litigation. The content includes analysis of court decisions, legislative changes, and practical implications for employers managing class and collective employment disputes.
Latest from Employment Class and Collective Action Update - Page 12
California May Lower the Standing Threshold in Data Breach Litigation
A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit, largely turns on…
Gig-Economy Delivery Couriers are Not Employees, New York Court Rules, Reverses Unemployment Board
A delivery courier fired by app-based Postmates is an independent contractor, not an employee entitled to unemployment insurance benefits, the Third Judicial Department of the New York Supreme Court has ruled. Matter of the Claim of Luis A. Vega, No.…
Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules
Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China…
Is Silence Golden? Supreme Court to Rule on Silent Class Arbitration Waivers
The United States Supreme Court is taking another bite at the arbitration waiver apple. In addition to its landmark decision in Epic Systems Corp. v. Lewis, where the Supreme Court held that class and collective action waivers in employment arbitration agreements…
Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young…
Arbitrating Class Actions – Does Arbitration Bind Employees Who Do Not Opt-in?
The Second Circuit Court of Appeals heard arguments last week to determine whether an arbitrator’s award in a Title VII class action applies only to the 254 employees who are named plaintiffs or otherwise opted in to the class, or…
Ninth Circuit Concludes that Admissibility is Not a Factor in Deciding Class Certification
On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be considered in support of…
Jackson Lewis Class Action Trends Report Spring 2018 Now Available
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find…
Defining Who Is Part of the FLSA Collective Action Party
It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do…